Commonwealth Consolidated Acts Commonwealth Consolidated ActsChild Support (Assessment) Act 1989
1 Section 5
Insert:
"final" , in relation to a decision of a court, has the meaning given by section 144.
2 Section 5
Insert:
"Registration and Collection Act" means the Child Support (Registration and Collection) Act 1988 .
3 Section 33
Repeal the section, substitute:
33 Notice to be given to unsuccessful applicant
(1) If the Registrar refuses to accept an application for administrative assessment of child support for a child, the Registrar must immediately notify the applicant in writing.
Refusals on grounds that Registrar not satisfied that person a parent
(2) Subsection (3) applies if:
(a) the application was a carer application; and
(b) one of the reasons for the Registrar refusing to accept the application was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child.
(3) The notice must include, or be accompanied by:
(a) a statement of the reason referred to in paragraph (2)(b); and
(b) a statement to the effect that the applicant may apply to a court having jurisdiction under this Act for a declaration under section 106A that the applicant is entitled to administrative assessment of child support for a child because the person from whom the application sought payment of child support is a parent of the child.
Refusals on other grounds
(4) If subsection (3) does not apply, the notice must include, or be accompanied by, a statement to the effect that:
(a) the applicant may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) the applicant may, if aggrieved by a later decision on an objection to the original decision, subject to that Act, apply to the SSAT for review of the later decision.
Validity of decisions
(5) A contravention of subsection (3) or (4) in relation to a decision does not affect the validity of the decision.
4 Subsection 34(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person from whom the application sought payment of child support for a child may apply to a court having jurisdiction under this Act for a declaration under section 107 that the applicant was not entitled to administrative assessment of child support for the child because the person is not a parent of the child; and
(b) that the person from whom, or to whom, the application sought payment of child support:
(i) may, subject to the Registration and Collection Act, object to the decision (the original decision ) (other than on the ground that the person is not a parent of the child concerned); and
(ii) if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), may, subject to that Act, apply to the SSAT for review of the later decision.
5 Subsection 60A(3)
Omit "Part 6B and section 110", substitute "Parts VII, VIIA and VIII of the Registration and Collection Act".
6 Subsection 60B(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the person sought to make the election; and
(b) that if the person is aggrieved by the decision on the objection, he or she may, subject to that Act, apply to the SSAT for review of the decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
7 Subsection 64A(6)
Repeal the subsection, substitute:
(6) The notice must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the person is aggrieved by a later decision on an objection to the original decision, he or she may, subject to that Act, apply to the SSAT for review of the later decision.
8 Subsection 66C(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the applicant may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the unsuccessful application was made; and
(b) that if the applicant is aggrieved by the decision on the objection, he or she may, subject to that Act, apply to the SSAT for review of the decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
9 Subsection 70(1)
Omit "Division 3 of Part 7", substitute "Part VIIA, or Subdivision B of Division 3 of Part VIII, of the Registration and Collection Act".
10 Section 72
Omit "Division 3 of Part 7", substitute "Part VIIA, or Subdivision B of Division 3 of Part VIII, of the Registration and Collection Act".
11 Subparagraph 76(3)(a)(i)
Omit "this Act", substitute "the Registration and Collection Act".
12 Subparagraph 76(3)(a)(ii)
Repeal the subparagraph, substitute:
(ii) if aggrieved by the decision on an objection to particulars of the assessment (no matter who lodges the objection but subject to that Act), to apply to the SSAT for review of the decision;
13 Subsection 96(2)
Repeal the subsection, substitute:
(2) The notice must include, or be accompanied by, a statement that specifically draws the attention of the parties to the agreement to the right:
(a) to object, subject to the Registration and Collection Act, to the decision (the original decision ); and
(b) if aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection but subject to that Act), to apply to the SSAT for review of the later decision.
14 Section 98JA
Repeal the section, substitute:
98JA Notice of refusal to be served on parties
(1) If the Registrar refuses to make a determination under this Division, the Registrar must serve notice in writing of the decision on each of the parties to the proceeding.
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may:
(i) if the original decision was made under section 98E (issues too complex)--apply to a court having jurisdiction under this Act for an order under Division 4 of Part 7; or
(ii) otherwise--apply, subject to the Registration and Collection Act, to the SSAT for review of the later decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
15 At the end of Division 3 of Part 6A
Add:
98RA Notice of refusal to be served on parties
(1) If, after having notified parties under section 98M, the Registrar refuses to make a determination under this Division, the Registrar must serve notice in writing of the decision on each of the parties to the proceeding.
(2) The notice must include, or be accompanied by, a statement to the effect:
(a) that the party may, subject to the Registration and Collection Act, object to the decision (the original decision ); and
(b) that if the party is aggrieved by a later decision on an objection to the original decision (no matter who lodges the objection), the party may:
(i) if the original decision was made under section 98R (issues too complex)--apply to a court having jurisdiction under this Act for an order under Division 4 of Part 7; or
(ii) otherwise--apply, subject to the Registration and Collection Act, to the SSAT for review of the later decision.
(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.
16 Part 6B
Repeal the Part.
17 Part 7 (heading)
Repeal the heading, substitute:
Part 7 -- Court review of certain decisions
18 Before Division 1 of Part 7
Insert:
The following is a simplified outline of this Part:
* Jurisdiction under this Act is conferred on certain federal and State courts.
* Generally, a person may apply for an order under this Part without having first obtained internal review under Part VII of the Registration and Collection Act.
* A court may declare that a person is, or is not, entitled to administrative assessment of child support for a child because another person is, or is not, the parent of the child.
* A court may grant leave for the making of a departure determination under Part 6A, or a departure order under Division 4 of this Part, in relation to a period more than 18 months but less than 7 years earlier.
* In special circumstances, a court may make an order equivalent to a departure determination.
* A court may order that child support be paid in a form other than periodic amounts paid to a carer.
* A court may set aside a child support agreement if the consent of one of the parties was obtained by fraud or undue influence.
* A court may make an order for the payment of child support if a child is in urgent need of financial assistance.
* If a proceeding has been instituted in a court, or before the Registrar under Part 6A, a court may make an order staying or otherwise affecting the operation of this Act during the proceeding.
19 Division 1 of Part 7 (heading)
Repeal the heading, substitute:
Division 1 -- Jurisdiction of courts
20 Before section 99
Insert:
The following is a simplified outline of this Division:
* Jurisdiction under this Act is conferred on the Family Court, the Federal Magistrates Court and certain State and Territory courts.
* This Division also provides for appeals to the Family Court from other courts.
21 Division 2 of Part 7 (heading)
Repeal the heading, substitute:
Division 2 -- Entitlement to administrative assessment
22 Sections 106 and 106A
Repeal the sections, substitute:
The following is a simplified outline of this Division:
* A court may declare that a person is entitled to administrative assessment of child support for a child because another person is the parent of the child.
* A court may declare that a person is not entitled to administrative assessment of child support for a child because another person is not the parent of the child.
106A Declaration that a person is entitled to administrative assessment
(1) This section applies if:
(a) the Registrar refuses to accept from an applicant a carer application for administrative assessment of child support for a child under subsection 30(2); and
(b) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child.
Applications for declarations
(2) The applicant may apply to a court having jurisdiction under this Act for a declaration that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the applicant is entitled to administrative assessment of child support for the child because the person from whom the application sought payment of child support is a parent of the child; and
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person from whom the application sought payment of child support is a parent of the child.
(3) The application must be made within:
(a) the time prescribed by the applicable Rules of Court; or
(b) such further time as is allowed under the applicable Rules of Court.
Parties
(4) Subject to section 145 (Registrar may intervene in proceedings), the parties to the proceeding are:
(a) the applicant; and
(b) the person from whom the application sought payment of child support.
Declarations
(5) The court may grant the declaration if the court is satisfied that:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the person is entitled to administrative assessment of child support because the person from whom the application sought payment of child support is a parent of the child; or
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the applicant is entitled to have the Registrar reconsider the application under Division 2 of Part 4 because the person from whom the application sought payment of child support is a parent of the child.
(6) If the court grants the declaration:
(a) if the reason referred to in paragraph (1)(b) was the only reason for the Registrar refusing to accept the application--the Registrar is taken to have accepted the application for administrative assessment of child support; and
(b) if the reason referred to in paragraph (1)(b) was one of the reasons for the Registrar refusing to accept the application--the Registrar must reconsider the application under Division 2 of Part 4.
23 At the end of subsection 107(1)
Add "because the person is not a parent of the child concerned".
Note: The heading to section 107 is replaced by the heading " Declaration that a person is not entitled to administrative assessment ".
24 Subsections 107(1A) and (1B)
Repeal the subsections, substitute:
(1A) However, a person must not apply for the declaration in respect of a child if a court has already declared under section 106A that the applicant was entitled to administrative assessment of child support for the child, or to have the Registrar reconsider an application, because the person is a parent of the child.
Note: In that case, the person may be able to appeal against the declaration under Division 1 of Part 7.
25 Subsection 107(4)
Repeal the subsection, substitute:
(4) The court may grant the declaration if the court is satisfied that the applicant was not entitled to administrative assessment of child support for the child because the person from whom the application sought payment is not a parent of the child.
26 Paragraph 109(2)(b)
Repeal the paragraph.
27 Division 6 of Part 7 (heading)
Repeal the heading, substitute:
Division 6 -- Setting aside accepted child support agreements
28 Subdivision A of Division 6 of Part 7
Repeal the Subdivision.
29 Subdivision B of Division 6 of Part 7 (heading)
Repeal the heading.
30 Before section 136
Insert:
The following is a simplified outline of this Division:
* A court may set aside a child support agreement if the consent of one of the parties was obtained by fraud or undue influence.
31 Section 138
Omit "Subdivision", substitute "Division".
32 Before section 139
Insert:
The following is a simplified outline of this Division:
* A court may make an order for the payment of child support if:
(a) a child is in urgent need of financial assistance; and
(b) an application has been made for an administrative assessment in relation to the child.
* If a proceeding has been instituted in a court, or before the Registrar under Part 6A, a court may make an order staying or otherwise affecting the operation of this Act during the proceeding.
33 Paragraph 139(2A)(d)
Repeal the paragraph, substitute:
(d) if:
(i) the decision of the Registrar does not become final; and
(ii) one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child;
at the time when a decision of a court becomes final, being a decision (whether under section 106A or on appeal from a decision of a court under that section) that the person from whom the application sought payment of child support is not a parent of the child; or
(e) in any other case--at the time when a decision that the applicant was not entitled to administrative assessment of child support becomes final, being a decision:
(i) of the SSAT under Part VIIA of the Registration and Collection Act; or
(ii) of a court under Subdivision B of Division 3 of Part VIII of the Registration and Collection Act or on appeal from a decision of a court under that Subdivision.
34 Subsection 139(2B)
Repeal the subsection, substitute:
(2B) For the purposes of subsection (2A), a decision of the Registrar refusing to accept an application for administrative assessment of child support becomes final if an application:
(a) to a court under section 106A (declarations of entitlement to administrative assessment); or
(b) to the SSAT under Part VIIA of the Registration and Collection Act;
is not made within the period for doing so. The application becomes final at the end of the period.
Note: For determining when decisions of the SSAT become final, see subsection 110W(1) of the Registration and Collection Act.
35 Before section 141
Insert:
The following is a simplified outline of this Division:
* In exercising jurisdiction under this Act, a court has broad powers.
* An amount of child support paid when there is no liability to do so may be recovered in a court.
36 Before section 144
Insert:
The following is a simplified outline of this Division:
* A decision of a court becomes final at the end of the period for appealing against the decision if no appeal is made.
* The Registrar may intervene in any proceeding under this Act.
37 Subsection 151C(5)
Repeal the subsection, substitute:
(5) A notice to a person under this section must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Registration and Collection Act, object to the particulars of the assessment in relation to which the application under section 151B was made; and
(b) that if the person is aggrieved by the decision on an objection to the particulars of the assessment (no matter who lodges the objection), he or she may, subject to that Act, apply to the SSAT for review of the decision.
Child Support (Registration and Collection) Act 1988
38 Title
Omit " related ", substitute " other ".
39 Subsection 4(1)
Insert:
"AAT" means the Administrative Appeals Tribunal.
40 Subsection 4(1)
Insert:
"administrative assessment" has the same meaning as in the Assessment Act.
41 Subsection 4(1)
Insert:
"appealable collection refusal decision" means a decision resulting in the failure of the Registrar to collect an amount payable under an enforceable maintenance liability, being an amount that has become due and payable and remained unpaid for at least 6 months, if:
(a) proceedings have not been instituted in a court for recovery of the amount; or
(b) proceedings have been instituted in a court for recovery of the amount and at least 3 months have elapsed since the proceedings were instituted.
42 Subsection 4(1) (at the end of paragraphs (a) to (bb) of the definition of appealable refusal decision )
Add "or".
43 Subsection 4(1) (paragraph (c) of the definition of appealable refusal decision )
Omit "section 71 or 71A", substitute "section 71, 71A or 71C".
44 Subsection 4(1) (at the end of paragraph (c) of the definition of appealable refusal decision )
Add "or".
45 Subsection 4(1) (paragraphs (d) and (e) of the definition of appealable refusal decision )
Repeal the paragraphs.
46 Subsection 4(1)
Insert:
"Assessment Act" means the Child Support (Assessment) Act 1989 .
47 Subsection 4(1) (paragraph (a) of the definition of court order )
Before "the Child Support (Assessment) Act 1989 ", insert "this Act,".
48 Subsection 4(1)
Insert:
"final" :
(a) in relation to a decision of the SSAT--has the meaning given by subsection 110W(1); and
(b) in relation to a decision of a court--has the meaning given by subsections 110W(2) and (3).
49 Subsection 4(1)
Insert:
"reconsideration" of a decision has the meaning given by section 110Q.
50 Subsection 4(1)
Insert:
"resumption determination" means a determination made by the Registrar under subsection 79A(3) or 79B(3).
51 Subsection 4(1)
Insert:
"SSAT" means the Social Security Appeals Tribunal.
52 Subsection 4(1)
Insert:
"SSAT Executive Director" means the Executive Director of the SSAT.
53 Subsection 4(1)
Insert:
"suspension determination" means a determination made by the Registrar under subsection 79A(1) or 79B(1).
54 Subsection 4(1) (definition of Tribunal )
Repeal the definition.
55 Paragraph 4(4)(a)
Repeal the paragraph, substitute:
(a) the Registrar is required, under section 22, subsection 24(1), 24A(1) or 25(2), or section 36, 37A, 37B, 38A, 39, 39B or 44, to do an act within a specified period; and
56 Subsection 7(3)
Omit "and the Tribunal", substitute ", the SSAT and the AAT".
57 Subsection 7(3)
Omit "or the Tribunal", substitute ", the SSAT or the AAT".
58 Paragraphs 23(1)(a), 33(1)(a), 37(a)
Before "the Child Support (Assessment Act) 1989 ", insert "this Act,".
59 At the end of Part III
Add:
Division 4 -- Notices in respect of registration decisions
42C Notices must be given to payers and payees in relation to registration decisions
Notices must be given
(1) As soon as practicable after the Registrar:
(a) registers a registrable maintenance liability under this Act; or
(b) varies particulars entered in the Child Support Register in relation to a registrable maintenance liability;
the Registrar must serve on the payer and payee of the liability a notice in writing of the particulars entered in the Child Support Register in relation to the liability, unless notice of those particulars has already been given to the payer and the payee under the Assessment Act.
(2) As soon as practicable after the Registrar deletes an entry in relation to a registrable maintenance liability from the Child Support Register, the Registrar must serve a notice of the decision on the payer and payee.
(3) As soon as practicable after the Registrar makes an appealable refusal decision in relation to a registrable maintenance liability, the Registrar must serve a notice in writing of the decision on the payer and payee.
Content of notices
(4) A notice served on a person under this section in relation to a decision (the original decision ) must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the original decision; and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act, apply to the SSAT for review of the later decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
60 Subsection 54(3)
Repeal the subsection, substitute:
Notices of decisions
(3) If the Registrar makes a decision under subsection (1) or (2):
(a) to remit only part of a penalty; or
(b) not to remit any part of a penalty;
the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.
(4) The notice must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the decision (the original decision ); and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act, apply to the SSAT for review of the later decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
61 Section 68
Omit "Where", substitute "(1) If".
62 At the end of paragraph 68(a)
Add "or".
63 At the end of subparagraph 68(b)(i)
Add "and".
64 At the end of section 68
Add:
Notices of decisions
(2) If the Registrar makes a decision under subsection (1):
(a) to remit only part of a penalty; or
(b) not to remit any part of a penalty;
the Registrar must serve written notice of the decision on the person by whom the penalty is, or but for the remission would be, payable.
(3) The notice must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the decision (the original decision ); and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision, the person may, subject to this Act, apply to the SSAT for review of the later decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
65 After section 71D
Insert:
71E Notices must be given to payers and payees in relation to registration decisions
Notices must be given
(1) This section applies if the Registrar decides, under section 71, 71A or 71C, to credit an amount received by the payee of an enforceable maintenance liability, or a third party, against the liability of the payer of that enforceable maintenance liability.
Note: If the Registrar refuses to credit an amount under section 71, 71A or 71C, the Registrar must give a notice under subsection 42C(3).
(2) As soon as practicable after the Registrar credits the amount, the Registrar must serve a notice in writing of the decision on the payee and the payer.
Content of notices
(3) A notice served on a person under this section in relation to a decision (the original decision ) must include, or be accompanied by, a statement to the effect that:
(a) the person may, subject to this Act, object to the original decision; and
(b) if the person is dissatisfied by a later decision of the Registrar on an objection to the original decision (no matter who lodges the objection), the person may, subject to this Act, apply to the SSAT for review of the later decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
66 Subsection 76(1)
Omit "section 79A", substitute "sections 79A and 79B".
67 Before section 79A
Insert:
Division 3 -- Suspension determinations
68 Section 79A
Repeal the section, substitute:
Suspension determinations
(1) The Registrar must make a determination (a suspension determination ) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by a payer of the liability if:
(a) the Registrar has notice that the payer has made an application under section 107 of the Assessment Act for a declaration that the payee was not entitled to administrative assessment of child support for the child because the payer is not the parent of the child; and
(b) the application is pending.
Payee not entitled to be paid amounts until resumption determination made
(2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.
Note 1: If the court grants the declaration under section 107 of the Assessment Act, the application for administrative assessment of child support is taken to have never been accepted by the Registrar, and the payee was never entitled to be paid amounts under subsection 76(1) of this Act from that payer for that child.
Note 2: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).
Resumption determinations
(3) If:
(a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and
(b) the Registrar is satisfied that the application referred to in paragraph (1)(a) has been:
(i) finally refused by the court (within the meaning of section 144 of the Assessment Act); or
(ii) dismissed or withdrawn; or
(iii) struck out by the court;
the Registrar must make a determination (a resumption determination ) that:
(c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and
(d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)--the payee is entitled to be paid that amount.
Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).
79B Suspension determinations--pending SSAT and court reviews
Suspension determinations
(1) The Registrar may make a determination (a suspension determination ) that a payee of a registered maintenance liability in relation to a child is not entitled under subsection 76(1) to be paid an amount that is payable for the child by the payer of the liability if:
(a) any of the following proceedings has been brought by the payer under item 9 of the table in subsection 80(1) and the proceeding is pending:
(i) a proceeding that the child was not a child in relation to whom the application for administrative assessment of child support was entitled to be made;
(ii) a proceeding that the applicant was not a person entitled to make the application for the child;
(iii) a proceeding that the person from whom the application sought payment was not a resident of Australia; or
(b) a proceeding has been brought by the payer under Subdivision B of Division 3 of Part VIII (court review) in relation to the payee's entitlement to administrative assessment of child support for the child and the proceeding is pending under that Subdivision.
Payee not entitled to be paid amounts until resumption determination made
(2) If the Registrar makes a suspension determination on a day, the payee is not entitled to be paid an amount from that payer for the child on that or any later day mentioned in subsection 76(1) unless and until the Registrar makes a determination under subsection (3) of this section in relation to the payee and an amount payable by that payer for the child.
Note: The Registrar must vary the Child Support Register after making the suspension determination (see section 79C).
Resumption determinations
(3) If:
(a) the Registrar has made a suspension determination under subsection (1) in relation to the payee of a registered maintenance liability; and
(b) the Registrar is satisfied that the proceeding referred to in subsection (1) has been:
(i) finally refused by the court (within the meaning of section 110W); or
(ii) dismissed or withdrawn; or
(iii) struck out by the court;
the Registrar must make a determination (a resumption determination ) that:
(c) the payee is again entitled under subsection 76(1) to be paid an amount from that payer for the child; and
(d) if the payee has not, because of the suspension determination, been paid an amount which the payee would otherwise have been paid under subsection 76(1)--the payee is entitled to be paid that amount.
Note: The Registrar must vary the Child Support Register after making the resumption determination (see section 79C).
79C Varying particulars after suspension or resumption determination is made
(1) Immediately after making a suspension determination in relation to an amount payable under a registered maintenance liability, the Registrar must vary the particulars entered in the Child Support Register in relation to the liability in whatever way the Registrar considers necessary or desirable to give effect to the determination.
Note: As soon as practicable after varying particulars under this subsection, the Registrar must serve a notice under section 42C.
(2) Immediately after making a resumption determination in relation to an amount payable under a registered maintenance liability, the Registrar must vary the particulars entered in the Child Support Register in relation to the liability in whatever way the Registrar considers necessary or desirable to give effect to the determination.
Note: As soon as practicable after varying particulars under this subsection, the Registrar must serve a notice under section 42C.
69 Part VII
Repeal the Part, substitute:
Part VII -- Internal objection procedures for certain decisions
The following is a simplified outline of this Part:
* Certain persons can object under this Part to certain decisions of the Registrar under the Assessment Act and this Act.
* If a person objects to a decision, the Registrar is required to reconsider the decision under this Part.
* If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under Part VIIA of this Act.
* A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.
The object of this Part is to provide for internal reconsideration of decisions of the Registrar before the decisions may be reviewed by the SSAT under Part VIIA.
Division 2 -- Decisions against which objections may be lodged
80 Decisions against which objections may be lodged
(1) A person may lodge with the Registrar an objection in writing to a decision of the Registrar if:
(a) the decision is set out in an item of the following table; and
(b) the person is set out in that item.
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Decisions/objectors |
||
|
Item |
Decision |
Who may object |
|
1 |
to register a registrable maintenance liability |
(a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
|
2 |
as to particulars entered in the Child Support Register in relation to a registrable maintenance liability |
(a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
|
3 |
as to particulars varied in the Child Support Register in relation to a registrable maintenance liability |
(a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
|
4 |
to delete an entry from the Child Support Register in relation to a registrable maintenance liability |
(a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
|
5 |
to credit, under section 71, 71A or 71C of this Act, an amount received by the payee of a registrable maintenance liability, or a third party, against the liability of the payer of the liability to the Commonwealth |
the payee of the registrable maintenance liability |
|
6 |
to make an appealable refusal decision in relation to a registrable maintenance liability |
(a) the payer of the registrable maintenance liability; or (b) the payee of the registrable maintenance liability |
|
7 |
to make an appealable collection refusal decision in relation to a registrable maintenance liability |
the payee of the registrable maintenance liability |
|
8 |
in relation to the remission of a penalty under subsection 54(1) or (2) or section 68 of this Act |
the person by whom the penalty is payable |
|
9 |
to accept an application for administrative assessment under subsection 30(1) of the Assessment Act |
(a) the person from whom the application seeks payment of child support; or (b) the person to whom the application seeks payment of child support |
|
10 |
to refuse to accept an application for administrative assessment under subsection 30(2) of the Assessment Act |
the applicant |
|
11 |
as to the particulars of an administrative assessment |
(a) the carer entitled to child support; or (b) the liable parent |
|
12 |
in relation to the remission of a penalty under section 64A of the Assessment Act |
the person by whom the penalty is payable |
|
13 |
to terminate a child support agreement under paragraph 80G(1)(d) or (e) of the Assessment Act |
a party to the agreement |
|
14 |
to accept or to refuse to accept an agreement in relation to a child under section 92 or 98U of the Assessment Act |
a party to the agreement |
|
15 |
to make or to refuse to make a determination under Part 6A of the Assessment Act |
(a) the carer entitled to child support; or (b) the liable parent |
Objections to particulars in the Child Support Register
(2) An objection to a decision of the Registrar as to particulars entered in the Child Support Register in relation to a registrable maintenance liability may be lodged:
(a) on the ground that the relevant entry does not relate to a registrable maintenance liability; or
(b) on any other ground.
(3) An objection to a decision of the Registrar as to particulars varied in the Child Support Register in relation to a registrable maintenance liability may only be made against:
(a) the particulars varied; and
(b) any other particulars affected by the variation.
Objections to administrative assessments--parentage
(4) An objection to a decision of the Registrar to accept an application for administrative assessment under subsection 30(1) of the Assessment Act may not be lodged on the ground that the person is not the parent of the child concerned.
Note: In that case, the person may be able to apply to a court under section 107 of the Assessment Act for a declaration that the applicant for the administrative assessment in question was not entitled to it.
(5) An objection may not be lodged to a decision of the Registrar to refuse to accept a carer application for administrative assessment if one of the reasons for the Registrar so refusing was that the Registrar was not satisfied under section 29 that the person from whom the application sought payment of child support is a parent of the child concerned.
Note: In that case, the applicant may be able to apply to a court under section 106A of the Assessment Act for a declaration that the applicant is entitled to administrative assessment of child support for the child.
Division 3 -- Time limits on lodging objections
81 Time limits on lodging objections
(1) An objection to a decision (other than an objection to an appealable collection refusal decision) must be lodged by a person within 28 days after a notice of the decision is served on the person.
(2) An objection to an appealable collection refusal decision must be lodged by a person within 28 days after the decision first comes to the notice of the person.
82 Applications for extensions of time
(1) If the period for the lodgment by a person of an objection under section 81 has ended, the person may, even though the period has ended, send the objection to the Registrar together with an application in writing requesting the Registrar to treat the objection as having been duly lodged.
(2) The application must state fully and in detail the grounds of the application, including the circumstances concerning, and the reasons for, the failure by the person to lodge the objection as required by section 81.
83 Consideration of applications for extensions of time for lodging objections
(1) If an application is sent to the Registrar under section 82 in relation to an objection under this Part, the Registrar must:
(a) consider the application; and
(b) within 60 days after the application is received by the Registrar:
(i) either grant or refuse the application; and
(ii) if the application is granted--deal with the objection under subsection 87(1).
(2) If the Registrar does not either grant or refuse to grant the application within that period of 60 days, the Registrar is taken, at the end of that period, to have refused to grant the application.
(3) The Registrar must serve notice in writing of the decision on the person who made the application.
(4) The notice must include, or be accompanied by:
(a) the reasons for the decision; and
(b) a statement to the effect that, if the person is aggrieved by the decision, application may be made, subject to this Act, to the SSAT for review of the decision.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
(6) If an application under subsection 82(1) is granted, the person who made the application is, for the purposes of this Act, taken to have duly lodged the objection to which the application relates.
Division 4 -- Grounds of objections
The objection must state fully and in detail the grounds relied on.
85 Registrar to serve copies of grounds of objections on other parties
The following table has effect:
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Recipients of grounds of objections |
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|
Item |
If a person objects to ... |
the Registrar must, as soon as practicable, serve a copy of the grounds of objection on ... |
|
1 |
a decision that more than one person could have objected to under section 80 of this Act |
each other person who could have objected to the decision |
|
2 |
a decision to credit, under section 71, 71A or 71C of this Act, an amount received by the payee of a registrable maintenance liability against the liability of the payer of the liability to the Commonwealth |
the payer of the registrable maintenance liability |
|
3 |
an appealable collection refusal decision in relation to a registrable maintenance liability |
the payer of the registrable maintenance liability |
|
4 |
a decision to refuse to accept an application for administrative assessment under subsection 30(2) of the Assessment Act |
the person to whom or from whom the application seeks payment of child support, as the case requires |
86 Other party may oppose or support objection
(1) A person served with a copy of the grounds of objection under section 85 may lodge with the Registrar a written notice in opposition to, or in support of, the objection.
(2) The notice must be lodged within 28 days after service on the person of the copy of the grounds of objection.
(3) The notice must state fully and in detail the grounds relied on.
Division 5 -- Consideration of objections
87 Consideration of objections by Registrar
(1) If an objection is lodged with the Registrar under this Part, the Registrar must:
(a) consider the objection and any notice lodged with the Registrar under section 86 in relation to the objection; and
(b) within 60 days after the objection is lodged with the Registrar, either:
(i) disallow the objection; or
(ii) allow it in whole or in part.
(2) The Registrar must serve notice in writing of the decision on:
(a) the person who lodged the objection; and
(b) each other person who was entitled to be served a copy of the grounds of objection under section 85.
(3) A notice served on a person under subsection (2) must include, or be accompanied by:
(a) the reasons for the decision; and
(b) a statement to the effect that if the person is aggrieved by the decision on the objection:
(i) if the decision objected to was a decision by the Registrar under section 98E or 98R of the Assessment Act--the person may apply to a court for an order under Division 4 of Part 7 of that Act; or
(ii) otherwise--the person may, subject to this Act, apply to the SSAT for review of the decision.
(4) A contravention of subsection (3) in relation to a decision does not affect the validity of the decision.
Part VIIA -- SSAT review of certain decisions
The following is a simplified outline of this Part:
* If a person objects to a decision of the Registrar under Part VII, the Registrar is required to reconsider the decision under that Part.
* If a person is dissatisfied with the reconsideration, he or she can apply to the SSAT for review of the decision under this Part.
* The SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
* A person can appeal from the SSAT to a court on a question of law under Subdivision B of Division 3 of Part VIII of this Act.
In carrying out its functions under this Act, the SSAT must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
Division 2 -- Applications for review
Subdivision A -- Applications for review
(1) A person may apply to the SSAT for review of a decision of the Registrar if:
(a) the decision is set out in an item of the following table; and
(b) the person is set out in that item.
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Decisions/applicants |
||
|
Item |
Decision |
Who may apply for review |
|
1 |
a decision under subsection 83(1) on an application for an extension of time |
the person who applied for the extension of time |
|
2 |
a decision under subsection 87(1) on an objection to a decision (the original decision ) of the Registrar |
(a) the person who objected to the original decision under section 80; or (b) a person who was entitled to be served a copy of the grounds of objection under section 85 |
(2) However, a person may not apply to the SSAT for review of a decision under subsection 87(1) on an objection to a decision (the original decision ) of the Registrar if the original decision was made under section 98E or 98R of the Assessment Act.
Note: In that case, the person may apply to a court for an order under Division 4 of Part 7 (departure orders) of the Assessment Act.
Subdivision B -- Time limit on applications for review
90 Time limit on applications for review
An application for review under this Part must be made by a person within the period of 28 days starting on the day on which the relevant notice under subsection 83(3) or 87(2) is served on the person.
91 Application for extension of time
(1) If the period for applying for review under this Part has ended, a person may make an application for review under this Part that includes a written application (the extension application ) asking the SSAT Executive Director to consider the application for review despite the ending of the period.
(2) The extension application must state the reasons for the person's failure to apply for the review within the period required by section 90.
92 Consideration of applications for extension of time for lodging objections
(1) If a person applies to the SSAT under section 91 in relation to an application for review, the SSAT Executive Director must:
(a) consider the extension application; and
(b) within 60 days after the extension application is received by the SSAT, grant or refuse the extension application; and
(c) if the extension application is granted--deal with the application for review under this Part.
(2) If the SSAT Executive Director does not make a decision on the extension application within 60 days after the extension application was made, the SSAT Executive Director is taken to have refused the extension application at the end of that period.
(3) The SSAT Executive Director must give written notice of the decision granting or refusing the extension application to the person who made the extension application.
(4) If the SSAT Executive Director refuses the extension application, the notice under subsection (3) must include, or be accompanied by, a statement to the effect:
(a) that the person may, subject to the Administrative Appeals Tribunal Act 1975 , apply to the AAT for review of the decision; and
(b) except where subsection 28(4) of that Act applies--that the person may request a statement under section 28 of that Act.
(5) A contravention of subsection (4) in relation to a decision does not affect the validity of the decision.
(6) If an extension application under section 91 is granted, the person who made the application is, for the purposes of this Act, taken to have duly made the application for review under this Part to which the extension application relates.
(7) A person whose extension application has been refused by the SSAT Executive Director may apply to the AAT for review of the decision.
(8) In subsection (7):
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
If an extension application is made under section 91 in relation to an application for review:
(a) subsections 95(2) to (6) and section 96 are taken not to apply in respect of the application for review unless and until a decision of the SSAT Executive Director, the AAT or a court decides that the extension application is to be granted by the SSAT Executive Director; and
(b) if such a decision is made--subsection 95(2) applies as if the application for review under this Part is received by an office of the SSAT on the day on which that decision is made.
Subdivision C -- Application procedures
(1) A person may apply to the SSAT for review under this Part by:
(a) sending or delivering a written application to:
(i) an office of the SSAT; or
(ii) an office of the Department; or
(iii) an office of the Commonwealth Services Delivery Agency; or
(iv) an office of the Department administering the Commonwealth Services Delivery Agency Act 1997 ; or
(b) going to an office of the SSAT and making an oral application; or
(c) contacting an office of the SSAT by telephone and making an oral application.
(2) If a person makes an oral application in accordance with paragraph (1)(b) or (c), the person receiving the oral application must:
(a) make a written record of the details of the oral application; and
(b) note on the record the day on which the application is made.
(3) If a person makes a written record of an oral application in accordance with subsection (2), this Part has effect as if the written record were a written application made on the day on which the oral application was made.
(4) An application may include a statement of the reasons for seeking a review of the decision.
95 Procedures on receiving applications for review
Applications must be forwarded to SSAT
(1) If an application for review under this Part is sent or delivered to an office of a Department or of the Commonwealth Services Delivery Agency under section 94, the Secretary of that Department or the CEO of the Agency, as the case requires, must send the application to the SSAT Executive Director:
(a) as soon as practicable; and
(b) in any case--not later than 7 days after the application is received at the office of that Department or Agency.
SSAT must notify applicants and Registrar of receipt of applications
(2) If:
(a) an application for review under this Part is received by an office of the SSAT; or
(b) a Secretary or the CEO sends such an application to the SSAT Executive Director in accordance with subsection (1);
the SSAT Executive Director must give the applicant, the Registrar and any other party to the review written notice that the application has been received.
Note: The parties to the review are set out in section 101.
Registrar must provide information to SSAT
(3) Within 28 days after receiving the notice under subsection (2), the Registrar must send to the SSAT Executive Director:
(a) a statement about the decision under review that:
(i) sets out the findings of fact made by the Registrar; and
(ii) refers to the evidence on which those findings were based; and
(iii) gives the reasons for the decision; and
(b) the original or a copy of every document or part of a document that:
(i) is in the possession, or under the control, of the Registrar; and
(ii) is relevant to the review of the decision.
Note: The Registrar must also send copies of the statement and documents to each party (see section 96).
(4) If the SSAT Executive Director requests the Registrar to send the statement and documents referred to in subsection (3) by a day earlier than the day fixed by that subsection, the Registrar must take reasonable steps to comply with the request.
(5) If:
(a) after the end of the period referred to in subsection (3) but before the determination of the review, the Registrar obtains possession of a document; and
(b) the Registrar considers that the document or a part of the document is relevant to the review; and
(c) a copy of the document or the part of the document has not been sent to the SSAT Executive Director in accordance with subsection (3);
the Registrar must send a copy of the document or the part of the document to an office of the SSAT as soon as practicable after obtaining possession of the document.
(6) If the Registrar must provide the SSAT with a document under this section, the Registrar must provide the SSAT with:
(a) if the SSAT Executive Director requests the Registrar to provide a specified number of copies of the document--that number of copies of the document; or
(b) otherwise--2 copies of the document.
96 Parties to be given statements about decisions under review
(1) Within 28 days after receiving the notice under subsection 95(2), the Registrar must give each party to the review a copy of the statement and documents referred to in subsection 95(3).
Note: The parties to the review are set out in section 101.
(2) The SSAT Executive Director may, by writing given to the person, direct a person who has received a copy of a statement or a document in accordance with subsection (1):
(a) not to disclose information in the statement or document; or
(b) not to disclose information in the statement or document except in the circumstances, or for the purposes, specified in the direction.
Offence
(3) A person commits an offence if:
(a) the SSAT Executive Director gives a direction to the person under subsection (2); and
(b) the person contravenes the direction.
Penalty: Imprisonment for 2 years.
97 When document is not required to be sent
(1) Subject to section 98, the Registrar is not required, under paragraph 95(3)(b) or subsection 93(5), to send a document, or part of a document, that is relevant to a review if:
(a) for a document or a part of a document that is required under paragraph 95(3)(b)--within 28 days after receiving the relevant notice under subsection 95(2); or
(b) for a document or a part of a document that is required under subsection 95(5)--as soon as practicable;
the Registrar:
(c) applies to the SSAT Executive Director for a direction under section 98 in relation to the document or the part of the document; and
(d) sends to the SSAT 2 copies of the document or the part of the document, together with the application for the direction; and
(e) gives a copy of the application for the direction to each party to the application for review.
(2) Subsection (1) does not affect the obligation of the Registrar to comply with paragraph 95(3)(b) or subsection 93(5) in relation to any document or part of a document to which subsection (1) does not apply.
98 Directions prohibiting or restricting disclosure of documents
(1) If, after considering an application by the Registrar under section 97 for a direction in respect of a document or a part of a document, the SSAT Executive Director directs the Registrar to send the document or the part of the document under paragraph 95(3)(b) or subsection 93(5), the Registrar must do so.
(2) The SSAT Executive Director may give directions (whether on application by the Registrar or on his or her initiative) prohibiting or restricting the disclosure to some or all of the parties to a review of the contents of a document or statement referred to in subsection 95(3) or (5) that relates to the review if he or she is satisfied that it is desirable to do so because of the confidential nature of the document or statement, or for any other reason.
Subdivision D -- Effect of variations of original decisions on applications
99 Variations of decisions before reviews completed
(1) If the Registrar varies a decision:
(a) after an application has been made to the SSAT under this Part for review of the decision; but
(b) before the determination of the review;
the application for review is to be treated as if it were an application for review of the decision as varied.
(2) If the Registrar sets a decision aside and substitutes a new decision:
(a) after an application has been made to the SSAT for review of the original decision; but
(b) before the determination of the review;
the application for review is to be treated as if it were an application for review of the new decision.
(3) If:
(a) a p